Ambulance still cooling down

My brother emailed me an MSNBC "Breaking News" piece under the subject line: Senate back to 50/50 - maybe..." I knew what he was referring to, having heard the news of Senator Tim Johnson's apparent stroke. "Good NED, man" I thought, "have you no compassion for a man taken seriously ill? At least let the ambulance cool down after taking him to the hospital before you contemplate his replacement!"

Then I read the article. (Click "continue reading" to see a reprint, as it has since been revised.) After a two-sentence first paragraph stating the Senator had been hospitalized came these two paragraphs:

In addition to concern about Johnson's immediate health, his illness draws political concern in that the Democrats currently hold a 51-49 advantage in seats, giving them control of the Senate.

The governor of South Dakota is Republican Mike Rounds. Should there be a vacancy as a consequence of Johnson's illness and Rounds appoints a Republican to fill the term, that would make the count 50 Demorats [sic] and 50 Republicans. Under the rules of the Senate, ties votes are settled by the vote of the vice president - currently Republican Dick Cheney - effectively giving control of the Senate to the Republicans.

So the unseemly rush to the political angle was not by my brother, who would like to see the GOP maintain control, but by MSNBC, which arguably recoils at the idea. They end on a reassuring note, however, noting that "the Senate Historian's office cites several examples of a senator being incapacitated for years and remaining in office."

Whew. That was close!

(And yes, the spelling "Demorats" WAS in the original text.)

S. Dakota's Sen. Johnson has possible stroke
Takes ill in Capitol Hill office, hospitalized for evaluation

MSNBC

BREAKING NEWS
NBC, MSNBC and news services
Updated: 5:16 p.m. ET Dec. 13, 2006
NEW YORK - Sen. Tim Johnson, D-S. D., has been hospitalized with symptoms described as stroke-like. The seriousness of his illness has not been disclosed.

In addition to concern about Johnson's immediate health, his illness draws political concern in that the Democrats currently hold a 51-49 advantage in seats, giving them control of the Senate.

The governor of South Dakota is Republican Mike Rounds. Should there be a vacancy as a consequence of Johnson's illness and Rounds appoints a Republican to fill the term, that would make the count 50 Demorats and 50 Republicans. Under the rules of the Senate, ties votes are settled by the vote of the vice president - currently Republican Dick Cheney - effectively giving control of the Senate to the Republicans.

Story continues below ↓
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Stroke Q&A

Disorientation and stuttering
Johnson became disoriented during a call with reporters at midday, stuttering in response to a question. He appeared to recover, asking if there were any additional questions before ending the call.

Johnson spokeswoman Julianne Fisher said he had walked back to his Capitol office after the call with reporters but appeared to not be feeling well. The Capitol physician was called and Johnson was taken by ambulance to the George Washington Univeristy Hospital in D.C. for evaluation.

A statement released by Johnson's office said, "Senator Tim Johnson was taken to George Washington University Hospital this afternoon suffering from a possible stroke. As this stage, he is undergoing a comprehensive evaluation by the stroke team. Further details will be forthcoming when more is known."

Filling a vacated Senate seat
Should the 59 year old Johnson's health problem be serious enough to force him to resign from the Senate, according to the South Dakota secretary of state, the governor of South Dakota may appoint a replacement. The appointment would last until the next general election -- in this case, 2008. Johnson's term happens to expire in 2008.

The 17th amendment of the U.S. Constitution says state legislatures can give their governors the power to appoint someone else to take over, but only in the case of "vacancies."

What's a vacancy? Clearly death or resignation, but history suggests not much else. Serious illness doesn't count.

The Senate Historian's office cites several examples of a senator being incapacitated for years and remaining in office.

Most recently, Sen. Karl Mundt (ironically, also from South Dakota) suffered a stroke in 1969 and was incapacitated, but he refused to step down. He remained in office until Jan. 1973 when his term expired. Mundt was pressured repeatedly to step down during his illness, but he demanded that the governor promise to appoint his wife. The governor refused, and Mundt remained in office.

Another example was Sen. Carter Glass, D-VA. Sen. Glass had a heart condition that prevented him from working for most of his last term after his re-election in 1942. Yet Glass refused to resign, and finally passed away from congestive heart failure in his apartment at the Mayflower Hotel in Washington DC in May of 1946.

© 2006 MSNBC Interactive

110th Congress Posted by JohnGalt at December 14, 2006 1:16 AM